Proving Truck Accident Liability

By
Goodman Acker P.C.
|June 01, 2018

Following any type of motor vehicle accident, it’s important that
you take immediate action to determine who could be liable. Any car accident
can be damaging, but those involving 18-wheelers and semi-trucks are far
more likely to cause serious devastation. Due to their sheer size, these
vehicles have the power to hit multiple vehicles on the road, damaging
surrounding buildings, crossing over medians into opposing traffic, or
otherwise triggering major destruction. For this reason, it’s crucial
that you take advantage of any information at your disposal to find out
what caused the accident and who might be liable as a result.

After a truck accident, you are likely facing costly medical bills, along
with the potential for ongoing care. If you are still in need of medical
treatment or are still recovering, you may not be able to work, so you
will also need compensation for any lost wages while you are out of commission.
Additionally, your vehicle likely sustained costly damage. In short, the
cost of an accident adds up, and the sooner you identify the liable party,
the sooner you can fight for the compensation you deserve.

Driver Liability

When it comes to finding someone to blame for a truck accident, the first
possibility you’re likely to consider is driver liability. If the
crash was caused by the truck in some way, the truck driver should be
considered a potentially liable party. As the person behind the wheel,
the driver has a certain level of responsibility for any problems or mistakes
that occur. If the driver failed to abide by traffic laws, drove recklessly,
drove while intoxicated, or failed to follow trucking regulations, they
could be held liable for the resulting crash. Trucking laws prohibit drivers
from driving for too long, so as to prevent overwork and drowsy driving,
but if the driver ignores these rules to beat a deadline, he or she could
be found responsible for the crash.

Trucking Company Liability

Even though it may seem easier to blame the driver, they may not always
be the liable party. In fact, in many trucking accident cases, the trucking
company is responsible for the crash in some way or another. We mentioned
the trucking regulations that require drivers to take frequent breaks
to avoid drowsy driving. If a company fails to honor these regulations,
pushing their drivers beyond what is fair or admissible, the company could
be found responsible for any errors the driver makes as a result. Likewise,
if a company fails to properly load their truck, does not adequately secure
the cargo, or fails to maintain the vehicle itself, they may be to blame.
If a truck’s cargo becomes loose, it might spill onto the road,
harming several drivers and passengers in the process. In such a situation,
the trucking company is likely liable for neglecting cargo rules and regulations.
Also, if the driver was improperly trained or unqualified, the company
could be held responsible for any mistakes the driver made.

Manufacturer Liability

In some cases, truck accidents are not caused by driver error, but because
of vehicle malfunctions. When this happens, the manufacturer of the vehicle
may be found responsible for designing or producing a vehicle with a dangerous
defect. If, for example, the brakes fail because of some type of system
glitch, the manufacturer could be held liable for the damage caused as a result.

It’s important to remember that each accident is different, which
is why it is crucial that you work with an experienced truck accident
attorney to get to the bottom of your case. Our Detroit personal injury
attorneys can work with you to investigate the circumstances of your crash
and determine who may be liable for the harm you suffered.

The information on this website is for general information purposes only.
Nothing on this site should be taken as legal advice for any individual
case or situation. This information is not intended to create, and receipt
or viewing does not constitute, an attorney-client relationship.